Morris v. Baldwin et al

Filing 140

ORDER granting 122 Motion to Dismiss; granting 125 Motion to Dismiss for Failure to State a Claim; granting 130 Motion to Dismiss for Failure to State a Claim and adopting 139 Report and Recommendations. The Court ALLOWS plaintiff up to and including January 3, 2019 to seek leave to file a Fourth Amended Complaint. Signed by Judge David R. Herndon on 12/19/2018. (klh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BARRY MORRIS,
Plaintiff,
v.
JOHN BALDWIN, et al.,
Defendants.

No. 17-1033-DRH
MEMORANDUM and ORDER

HERNDON, District Judge:
Pending

before

the

Court

is

a

December

3,

2018

Report

and

Recommendation (“the Report”) issued by Magistrate Judge Reona J. Daly (Doc.
139). Magistrate Judge Daly recommends that the Court grant several motions to
dismiss filed by defendant Wexford Health Sources, Inc., the IDOC defendants and
defendant Siddiqui (Docs. 122, 125 & 130). Further, Judge Daly recommends
that Count I should proceed only against the Illinois Department of Corrections and
that plaintiff be granted 14 days to seek leave to file a Fourth Amended Complaint.
The Report was sent to the parties with a notice informing them of their right
to appeal by way of filing “objections” within 14 days of service of the Report. To
date, none of the parties has filed objections.
has expired.

The period in which to file objections

Therefore, pursuant to 28 U.S.C. § 636(b), this Court need not

conduct de novo review.

Thomas v. Arn, 474 U.S. 140, 149-52 (1985).
Page 1 of 2

Accordingly, based on the reasons contained in the Report, the Court
ADOPTS the Report in its entirety (Doc. 139).

The Court GRANTS defendant

Wexford Health Sources, Inc.’s motion to dismiss Count (Doc. 122); the IDOC
defendants’ motion to dismiss (Doc. 125) and defendant Siddiqui’s motion to
dismiss (Doc. 13).

Plaintiff’s count I shall proceed only against the Illinois

Department of Corrections.

Further, the Court ALLOWS plaintiff up to and

including January 3, 2019 to seek leave to file a Fourth Amended Complaint
IT IS SO ORDERED.

Judge Herndon
2018.12.19 10:30:47
-06'00'
United States District Judge

Page 2 of 2